Common use of LIABILITY OF CORPORATION Clause in Contracts

LIABILITY OF CORPORATION. (a) If the Option Shares covered by this Agreement exceed, as of the Grant Date, the number of shares which may without stockholder approval be issued under the Plan, then this option shall be void with respect to such excess shares unless stockholder approval of an amendment sufficiently increasing the number of shares issuable under the Plan is obtained in accordance with the provisions of Section II of Article Four of the Plan. (b) The inability of the Corporation to obtain approval from any regulatory body having authority deemed by the Corporation to be necessary to the lawful issuance and sale of any Common Stock pursuant to this option shall relieve the Corporation of any liability with respect to the non-issuance or sale of the Common Stock as to which such approval shall not have been obtained. The Corporation shall use its best efforts to obtain all such approvals.

LIABILITY OF CORPORATION. (a) If the Option Optioned Shares covered by this Agreement exceed, as of the Grant Date, the number of shares which may without stockholder approval be issued under the Plan, then this option shall be void with respect to such excess shares unless stockholder approval of an amendment sufficiently increasing the number of shares issuable under the Plan is obtained in accordance with the provisions of Section II of Article Four XIII of the Plan. (b) The inability of the Corporation to obtain approval from any regulatory body having authority deemed by the Corporation to be necessary to the lawful issuance and sale of any Common Stock pursuant to this option shall relieve the Corporation of any liability with respect to the non-issuance or sale of the Common Stock as to which such approval shall not have been obtained. The Corporation shall use its best efforts to obtain all such approvals.

LIABILITY OF CORPORATION. (a) If the Option Shares covered by this Agreement exceed, as of the Grant Date, the number of shares which of Common Stock that may without stockholder approval be issued under the Plan2005 Plan without shareholder approval, then this option Option shall be void with respect to such excess shares shares, unless stockholder shareholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the 2005 Plan is obtained in accordance with the applicable provisions of Section II of Article Four of the 2005 Plan. (b) The inability of the Corporation to obtain approval from any regulatory body having authority deemed by the Corporation to be deems necessary to the lawful issuance and sale of any Common Stock pursuant to this option Option shall relieve the Corporation of any liability with respect to the non-issuance or sale of the Common Stock as to which such approval shall not have been obtained. The Corporation Corporation, however, shall use its best efforts to obtain all such approvals.

LIABILITY OF CORPORATION. (a) A. If the Option Shares covered by this Agreement exceed, as of the Grant DateDate of Grant, the number of shares which may without stockholder approval be issued under the Plan, then this option shall be void with respect to such excess shares unless stockholder approval of an amendment sufficiently increasing the number of shares issuable under the Plan is obtained in accordance with the provisions of Section II of Article Four Five of the Plan. (b) B. The inability of the Corporation to obtain approval from any regulatory body having authority deemed by the Corporation to be necessary to the lawful issuance and sale of any Common Stock pursuant to this option shall relieve the Corporation of any liability with respect to the non-issuance or sale of the Common Stock as to which such approval shall not have been obtained. The Corporation however, shall use its best efforts to obtain all such approvals.